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1887

Board of seven (7) Commissioners, residents of such city or town, who shall hold office for four years, and until their successors are appointed and qualified. In case of any vacancy caused by failure to accept, by resignation, death, or otherwise, the Governor shall fill the same by appointment. The Board shall annually elect one of their number President, and also one of their number President pro tem., to act as Presi- President and dent in the absence of the President; and they shall hold office President pro till their successors are elected and qualified. The President shall be vested with all the power and charged with all the President to act duties belonging to the Mayor under the said act of February as Mayor. 4th, 1869, Chap. 1688, and the amendments thereto, except as hereinafter provided.

SEC. 2. That the Clerk of every such municipality shall be

tem.

powers of.

the Clerk of the Municipal Court, held by the President there- Clerk of mu of, and shall have power to administer oaths, issue warrants nicipality and for the apprehension of accused persons, issue subpoenas for witnesses, and perform all other duties incidental to his office of Clerk of the Court.

Chief of Police as to adminis

SEC. 3. That the Marshal and Chiefs or Captains of Police shall have power, in the absence of the President and Clerk Marshal and from the police station, to administer oaths to affidavits of complaint, and to issue warrants for the arrest of persons com- tering oaths. plained against.

Approved June 7, 1887.

CHAPTER 3750-[No. 70.]

AN ACT to Express the Legislative Assent of the State of Florida to the Act of Congress for the Establishment of Agricultural Experiment Stations.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That the legislative assent of the State of Florida is hereby given to the act of Congress entitled "an act to establish agricultural experiment stations in connection with the colleges established in the several States, under the provision of an act approved July 2d, 1862, and of the acts supplementary thereto," and to the grants of money authorized by said act, and to the purpose of said grant.

Legislative assent given to

act of Congress.

Copy to be sent

SEC. 2. The Governor is directed to send a duly certified copy of this act to the Secretary of the Treasury of the United Secretary of States, or other proper officer at Washington.

Approved June 7, 1887.

Treasury.

1887

Members of Boards of Education, how appointed.

CHAPTER 3751-[No. 71.]

AN ACT to Amend Section 1 of an Act entitled "An Act to Amend an Act to Provide for the Establishment of Two Seminaries of Learning, approved January 24 h, 1861," approved December 6th, 1862, being Chapter 1328, Laws of Florida; and to Amend Section 17 of an Act entitled "An Act to Provide for the Establishment of Two Seminaries of Learning," approved January 24th, 1851, being Chapter 337, Laws of Florida; and to Amend Section 1 of an Act entitled "An Act to Amend the Act of 1851, providing for the Establishment of Two Seminaries of Learning," approved February 14th, 1861, being Chapter 1122, Laws of Florida.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That Section 1 of an act entitled "an act to amend an act to provide for the establishment of two seminaries of learning, approved January 24th, 1861," approved December 6th, 1862, being Chapter 1328, Laws of Florida, be amended to read as follows: That there shall be app inted by the Governor, by and with the consent of the Senate, seven persons, not more than three of whom shall be residents of the town or county in which the seminary is located, for each of the two seminaries of learning, as members of a Board of Edu Term of office. cation, who shall hold their office for four years, and the members of said Board of Education shall annually elect one of their members as Secretary.

Secretary.

Expenses of Boards to be paid out of Seminary funds.

Boards of Edn

cation to make rules, regulations, &c.

When arms, &c., to be issued.

SEC. 2. That section 17 of an act entitled "an act to provide for the establishment of two Seminaries of Learning," be amended so as to read as follows: That all necessary traveling expenses incurred by any member of the Board of Education or the Board of Visitors shall be paid out of any funds belonging to said Seminary in the hands of the Treasurer.

SEC. 3. That section one of an act entitled "an act to amend the act of 1851, providing for the establishment of two Seminaries of Learning," approved February 14th, 1861, being Chapter 1122, Laws of Florida, be amended to read as follows: That the Boards of Education of the East and West Florida Seminaries are hereby empowered to organize the said Seminaries upon collegiate and military basis, and to make for the government of said institutions such rules and regulations as may be necessary to carry out the provisions of this act not inconsistent with the laws of this State or the general provisions of the act under which said Seminaries were established. Upon the requisition of the Presidents of the Boards of Education, the Governor shall cause to be issued to either of said Seminaries all necessary equipments of arms and accoutrements for the purpose of carrying on military instruction in

said Seminaries upon such terms and conditions as such issues are made to the volunteer militia companies of this State. Upon the certificate of the President of the Board of Education of either Seminary that the persons named in such certificate have been duly elected and appointed to the offices therein named, the Governor shall issue to such persons commissions, as follows:

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1st. To the principal teacher, a commission as Superinten Commissions dent, with the rank of Colonel.

2d. To the second teacher or instructor in grade or seniority, a commission as Commandant, with the rank of Lieutenant Colonel.

3d. The third teacher in rank, grade or seniority, a commission as Instructor, with the rank of Major.

The Superin

to be issued teachers.

4th. Commissions as Adjutant, Surgeon, Quartermaster and Chaplain, with the rank of Captain, to such staff officers as Staff officers. may be necessary; Provided, however, That these commissions are to be in nowise connected or ranked with commissions issued to the officers of the State militia. tendents of the Seminaries shall, in their discretion, upon ap- Cadet officers. plication of the commandants, appoint such cadet officers and non-commissioned officers as may be necessary, and shall issue cadet commissions and warrants in accordance with regula

tions to be prescribed by the respective Boards of Education When to take of each Seminary. This act shall take effect immediately after effect. its passage.

Approved May 31, 1887.

CHAPTER 3752-[No. 72.]

AN ACT to Provide for the Appointment of Harbor Masters for certain
Ports of the State of Florida, and to Provide for and Define their
Duties and Powers.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That the Governor shall appoint, by and with

the advice and consent of the Senate, one Harbor Master for Harbor masters each port in the State of Florida into which have come, during for certain the past five years, vessels of five hundred tons burden and ports.

upwards, at the average rate of two hundred and fifty vessels

per year, according to the records of the United States Cus tom House at or nearest the port for which such appointments shall be respectively made.

SEC. 2. That each Harbor Master so appointed shall enter into a boud in the penal sum of two thousand dollars, with Bond of Harbor security, payable to the Governor of the State of Florida and

Master.

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To be Member of Board of

his successors in office, conditioned for the faithful discharge of the duties of his office, by himself and his deputies, and for the payment of any damage any person may sustain in consequence of any wrongful act of such officer or his deputy under

color of his office.

SEC. 3. That such Harbor Master shall be ex-officio a member of the Board of Port Wardens and Commissioners of Port Wardens. Pilotage of the port for which he is appointed, and shall act in obedience to the rules of such boards in all matters within their jurisdiction, with reference to which they may establish rules.

Deputies.

Duties of Harbor Master or Deputies.

Masters of

ships to apply to Harbor Masters for stations

for ships.

Duties of Har

bor Master as to loading or

unloading ships

SEC. 4. That any Harbor Master so appointed may appoint deputies to assist him in the performance of his duties, he paying them for their services and being responsible for their acts.

SEC. 5. That it shall be the duty of such officer, by himself or deputy, to board every vessel entering the port for which he is appointed, after such vessel has been released by the health authorities of the port, to demand of the Master the certificate of the vessel's release by such health authorities and deliver the same, within twenty-four hours, to the Secretary of the Board of Health. But it shall be unlawful for any such officer, in boarding such vessels under this act, to solicit from such vessels any business either for himself or any one else, and any violation of this provision by any such officer shall subject him to removal from his said office by the Governor, if such violation be committed by the Harbor Master, and if committed by any Deputy Harbor Master, then by the Harbor Master, whose duty it shall be in such cases to remove promptly such deputy.

SEC. 6. That it shall be the duty of the Master of every vessel arriving in a port for which a Harbor Master shall be appointed, under the provisions of this act, to apply to such Harbor Master, or one of his deputies, for a station in the stream, or a berth at the wharves, and the Harbor Master or his deputy shall forthwith station such vessel in the stream or at the wharves, as the case may be, so as to best facilitate the loading or discharge of such vessel and, at the same time, interfere as little as possible with other vessels in the vicinity; but in stationing vessels at wharves or assigning them to berths thereat, he shall conform in every instance to the wishes of the managers of such wharves as to their location at the

same.

SEC. 7. That it shall be the duty of the Harbor Master appointed under the provisions of this act to be present at all times, either in person or by deputy, to facilitate the loading or unloading of vessels by assigning to them berths at the

wharves, and by requiring each to accommodate others needing more immediate accommodation, in accordance with the provisions of the preceding section.

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ing Harbor

SEC. 8. That if any person shall oppose or resist the Harbor Master or his deputy in the execution of his duties, or shall Penalty for opdisobey any order given by either of them, as to the manner posing or resistof moving or adjusting the rigging of any vessel under the Master. control of such person, he shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year.

Master.

SEC. 9. That such Harbor Master shall receive from the master, owner or consignee of vessels coming into the port for Fees of Harbor which he is appointed, as aforesaid, for the services rendered by himself or his deputy, under the provisions of this act, not exceeding the sum of twenty dollars, according to the amount and value of the services rendered. Should any vessel, after being stationed by such Harbor Master, require a change of How vessels to change station. station, application shall be made by the manager of such wharf to such officer, and it shall be his duty to make such change, for which he shall receive no compensation, unless the vessel requiring such change requires to be moved to another wharf or out into the stream.

Harbor Master

SEC. 10. That whenever any fee or compensation due the Harbor Master under the provisions of this act is not paid How fees of within forty-eight hours from the rendition of the services for recovered. which the same is due, such officer may then demand the same from the master or his consignee, and upon refusal of payment may sue for and recover from the person or persons owing the same double the amount which has been so demanded.

SEC. 11. That all laws and parts of laws in conflict with the Repeal. provisions of this act be, and the same are hereby, repealed.

SEC. 12. This act shall take effect from and after its approval by the Governor.

Became a law without the signature of the Governor.

When to take effect.

CHAPTER 3753-[No. 73.]

AN ACT to Prescribe the Minimum Tonnage of Pilot Boats for a certain class of Ports in this State, and to Regulate the Business of Piloting for such Ports.

Be it enacted by the Legislature of the State of Florida: SECTION 1. That from and after the expiration of sixty days from the adjournment of this session of the Legislature, all Minimum tonpilots engaged in the business of piloting on the bars of those age of Pilot ports of this State into which have come and taken cargo dur

boats.

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